So imagine this scenario. You’ve spent all day in mediation with the other side. You have been going back and forth all day trying to reach an agreement that will resolve all the issues of your case. It is past 5:00pm and the cleaning crew is the newest spectator to this battle. You’re tired and ready to be done. Just as you are about to give up hope, an agreement is reached. After several handshakes, everyone goes home exhausted, but pleased that the case is resolved. So you’re done, right?
If you are a frequent reader of our blog (I can’t be the only one who thinks this stuff is cool) then this blog will be more “refresher” course than new material. However if you are just beginning your divorce or even considering a family law action, then this is the first blog you should read.
A divorce case is complex. It only takes a couple signatures and an exchange of vows to get married, but it takes a great deal more to get divorced. Moreover, navigating the legalese is like learning a whole new language, so with this blog I will shed some light on a few of the common family law terms you will encounter in your case.
2015 was a big year for supporters of gay marriage and gay civil rights. The US Supreme Court, in Obergefell v. Hodges, held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Now the law throughout the United States, California has recognized gay marriage since 2008 (though only by those married during the window before Proposition 8 was passed) and then again in 2013 when the US Supreme Court issued its opinion in Perry v Hollingsworth overturning the Proposition 8 prohibition.
There is a fascinating story about twin brothers born in 1940’s Ohio who were separately put up for adoption at birth. Unbeknownst to the other, they lived only 40 miles apart from each other for most of their lives. Even more interesting, they ended up living eerily similar lives, for example: Continue reading
Part one of this blog introduced the American Academy of Matrimonial Lawyers (“AAML”) and the AAML’s new publication addressing the division of parenting time for families going through divorce or separation, titled Child Centered Residential Guidelines (“AAML Guidelines”). Here we will delve into an examination of the publication and summarize the AAML Guidelines.
Divorcing parents understandably worry how the end of their marriage will affect their children. The parents will no longer be living together, the children will have to adjust to a new visitation schedule, there is the possibility of changing schools, and all the stress of a world turned asunder. It is no surprise then that sometimes parents will try to maintain as much normalcy as possible to reduce the impact of the divorce on their children, including keeping their family residence. The family home is often one of the most permanent and stable places for a child; it is where there bedroom is, where their friends live and near the school they attend.
There is a saying by Benjamin Franklin that the only two things that are inevitable in this world are “death and taxes.” I don’t know if this saying is clever or morbid, but it is very true. In a family law context death does not come up often, but when it does, it is important to have a qualified family law attorney by your side to help you navigate the murky waters.
The focus of this blog is to address some of the potential consequences of an untimely death in connection with your divorce case. I will address the most common scenarios for the surviving party and how the court deals with them.
This past September, the American Academy of Matrimonial Lawyers (“AAML”) released a new publication addressing the division of parenting time for families going through divorce or separation. The publication, titled Child Centered Residential Guidelines (“AAML Guidelines”), is the product of an AAML committee formed to look for developmentally and psychologically appropriate parenting plans for parents not living under the same roof.
Since Lamar Odom has found himself in the hospital following a drug and alcohol related incident on October 13, news of him and the related Kardashian clan has been spattered everywhere (yes, we didn’t think it was possible, but we are hearing even more about them than we do under usual circumstances). We are happy to hear that Lamar is on the road to a full recovery and sympathize with him and his loved ones as they go through this difficult time. This incident has brought other aspects of his life back into the spotlight, and the relationship between him and Khloe Kardashian had been the focus of much media attention as she has been spending a lot of time with Lamar in the hospital since the entire ordeal began.
There are two types of support in Family Law cases in California. There is child support, which refers to support intended to assist in providing for the needs of the children involved in the case. Then there is spousal support, sometimes called “Alimony” (The two terms are interchangeable) which is intended to provide spousal maintenance after a divorce proceeding is initiated. During the course of a case, the court may make an order for either, or both, child and spousal support. After the order has been made, the court expects the amounts to be paid.